LAWS(HPH)-1977-5-5

PARDHANA Vs. AMIN CHAND

Decided On May 10, 1977
PARDHANA Appellant
V/S
AMIN CHAND Respondents

JUDGEMENT

(1.) This revision petition by the defendants is directed against an order of the learned Senior Subordinate Judge, Hamirpur, allowing a substitution application.

(2.) A suit was brought by one Smt. Ambo for a declaration that she was the owner of the property possessed by her and that the gift executed by her on February 3, 1969 was vitiated by fraud and misrepresentation and, therefore, should be set aside. During the pendency of the suit Smt. Ambo died. An application was made by her daughter's sons praying that they be substituted as legal representatives. By an order dated February 27, 1976, the learned Senior Subordinate Judge, Hamirpur, has held that on the death of Smt Ambo the right to sue survives to her legal representatives, and accordingly he has directed their substitution in place of the deceased,

(3.) By this revision petition, the petitioner challenges the validity of that order.